As thousands of people in Macomb County expect to make neighborhood fireworks part of their Independence Day plans, many of the legalities of using fireworks come down to three words.

Location, location, location.

A review of municipal ordinances across the county show regulations are not all alike, even in the wake of Michigan’s controversial law that expanded the type of legal consumer fireworks and the dates they can’t be prohibited.

Most communities in Macomb County ban the use of fireworks on public streets, sidewalks, easements or at churches and schools. Some municipalities prohibit the use of pyrotechnics on private property without consent of the owner.

Discharge of fireworks by minors is limited to low-impact items like sparklers and novelties like caps, snakes and smoke devices, and only under supervision by a parent or guardian.

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Whether pyrotechnics draw “oohs” and “aahs” or cursing and complaints, perhaps the best-known provision of the Michigan Fireworks Safety Act -- approved by the Legislature in 2011 and which took effect Jan. 1, 2012 –- is that which requires fireworks be allowed on the day before, on, and after 10 national holidays. In addition to Independence Day, the others are New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday, Memorial Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas.

The Legislature permitted local governments to allow use of consumer-grade fireworks on other dates, but most bar them outside of those 30 days.

Washington Township is a notable exception. The township’s fireworks ordinance prohibits the use of fireworks only between 11 p.m. and 10 a.m. on all dates. That restriction doesn’t apply to the day before, day of and day after the 10 national holidays listed in the state fireworks law.

Fireworks cannot be used within 25 feet of property lines, buildings, sheds and play structures in the township. Consumer fireworks –- generally defined as firecrackers, bottle rockets and Roman candles –- cannot be used if the Michigan Department of Natural Resources declares fire dangers ratings as high, very high or “extreme conditions exist,” according to the ordinance.

Many communities have adopted, either by coping language or through mere reference, general regulations included in the state law.

“Our ordinance parallels state law, and we have not encountered any particular problems in doing so,” Center Line City Manager John Michrina said.

One of the most restrictive ordinances is in Warren, where the discharge of fireworks within 30 feet of any building, vehicle, tree, bush or garden is punishable by a fine of $500.

Asked recently for locations in the city where the public could lawfully use consumer-grade fireworks, Mayor James Fouts said: “That’s a good question. I don’t know and I’m not going to tell ‘em. It’s the responsibility and burden on them to find a place that’s legal.”

The 30-foot and private-property rules seemingly could limit many residents to their yards, including densely-populated neighborhoods on the city’s south side where many houses were built on 40-foot-wide lots decades ago.

One of the lengthiest ordinances is in Sterling Heights. Among its numerous regulations, the city prohibits adults and minors from being within 25 feet and 50 feet, respectively, of a person lighting fireworks – unless the onlookers are on their own, neighboring property. Any person “in control” of property that allows such a violation to occur can also be accused of committing the same offense, according to the ordinance.

In St. Clair Shores, individual use of firework for more than 20 minutes is considered “excessive” and could lead to a $500 fine. City officials also ban any use of fireworks within 200 feet of any vehicle or residential building.

Harrison Township residents must be prepared for any fireworks accidents. The township requires fireworks users to have a bucket of water or garden hose ready for use. The township sets the minimum fine at $75 for a first violation. Violators will be in the pocketbook for at least $150 for a second offense occurring in a 3-year period. Third and fourth violations carry minimum fines of $325 and $500.

Most communities make violations a civil infraction, punishable by a maximum $500. A few, such as Clinton Township and New Baltimore, categorize certain offenses as misdemeanors that can land violators in jail for 90 days.

A year ago, the state legislature amended the fireworks act to allow municipalities with a population of at least 50,000 or more and in a county of at least 750,000, to prohibit the use of consumer fireworks between midnight and 8 a.m., or between 1 a.m. and 8 a.m. on New Year’s Day. Most followed suit.

Smaller towns in smaller counties can set New Year’s fireworks rules only after 1 a.m. to 8 a.m.

Laws on the books in Richmond and Ray Township conflict with state law, according to websites that list municipal ordinances from around the nation. In Richmond, the city’s ordinance outlaws use of firecrackers and Roman candles, both of which were legalized by state lawmakers in 2011. Although the measures in both communities are arguably outdated, police can still write violations of the current state law. But without a local ordinance violation to cite, both municipalities would not receive a portion of revenue from fines.

Samantha Harkins, director of state affairs for the Michigan Municipal League, said confusion surrounding the fireworks law as July 4 neared in 2012, made implementation and enforcement difficult in the first full year.

Harkins said the MML encourages elected officials in cities to consult their city attorneys for advice.

“We want to be able to regulate things at the local level as much as possible,” she said. “When this law was passed…the intent was to allow local units (of government) to use other ordinances to regulate fireworks.” She said local noise ordinances are a good, alternative tool to control negative aspects of fireworks.

“Hopefully this year will be a calmer year, in terms of controversy surrounding the statute,” Harkins added.

Watchful eyes

In Warren, undercover police officers, property inspectors, firefighters and parks employees will be among those patrolling city streets on July 4, looking for violations of the city’s fireworks ordinance. Some will be on overtime, but Fouts said that expense will be “minimal.”

It’s the first time undercover officers will join other city workers and the all-volunteer Citizen Emergency Response Team in patrolling neighborhoods.

Fouts, one of the most outspoken critics of the 2 ½-year-old law and the state lawmakers who voted in favor of it, said violators hoping to be let go with a warning can think again.

“Zero tolerance. Strict enforcement,” he said.

“We will vigorously pursue people who shoot fireworks off in the middle of the street.”

Last month, the mayor visited fireworks retailers in Warren, requiring them to post the city’s regulations in view of all patrons. As he did on Memorial Day, the mayor will ride along with a police officer at dusk July 4.

Until that day comes, he expects complaint calls and emails to his office to increase gradually. The most common gripe: owners of dogs and cats who say their pets are terrified by loud bangs. That’s followed by senior citizens bothered by noise and worried their homes may catch fire by falling pyrotechnics, and by parents of infants and toddlers kept awake.

“Resident after resident says, ‘I feel like I’m in the middle of a war zone,’” Fouts said.

Because it can be difficult to prove who illegally lit a wick, the mayor is asking the public to help. Fouts is urging residents who spot illegal activity to contact police and be willing to swear to formal misdemeanor complaints against neighbors if law enforcers and city workers don’t witness violations.

Despite his widely-publicized enforcement effort under the new law, only one violation was issued on Memorial Day -- to a man igniting fireworks in the street, according to the mayor. Fouts could not recall whether any charges were issued last year when he rode with a police officer. However, he is confident publicity of the latest effort could convince some pyrotechnic buffs to heed the warnings. Warren inserted a list of basic fireworks regulations into residents’ water bills recently. Last month, he distributed copies of the fireworks ordinance to vendors who sell the explosives.

“I don’t understand the logic of telling people they can celebrate the 4th of July, on July 5,” Fouts said. “I have yet to have anyone explain to me why you need to shoot of fireworks on Christmas Eve.”

Few customer questions

The number of places licensed to sell fireworks in Michigan now tops 800 – including 86 in Macomb County. Wayne County has 145, while Oakland County has 105.

Michigan charges a 6 percent fee on sales volume by fireworks sellers, which is earmarked for firefighter training, and a 6 percent sales tax that is split between the state’s general fund and the school aid fund. That amount to $1.34 million on sales of approximately $11.2 million in fiscal 2012 and $1.82 million on sales of about $15.18 million is fiscal 2013.

Fireworks sales this year are expected to approach $16 million, generating about $1.9 million in taxes and fees.

At the Motor City Fireworks store in Mount Clemens, which is open year round, business has been brisk.

Owner Elissa Burda declined to reveal revenue, but did say the store draws customers from across Macomb County and even some from Oakland and Wayne counties. She estimated 60 percent reside with five miles of the store.

Few inquire about the state fireworks law or local ordinances, she said.

“I think there’s still a large consumer population that doesn’t understand the law,” said Burda, whose family also operates stores in Flint and Monroe, and two temporary facilities in Westland and Carleton. With membership in the American Pyrotechnic Association and the National Fireworks Association, Burda said she worked for years to get the state law changed. She sat in the gallery at the state Capitol when legislators voted on the bill in 2011.

“It’s much better to have a law that’s straightforward. It’s better to have rules,” she said.